Your thoughts

SexyGreyFox · 22 Oct 2016 at 22:26

Last week a girl I know had an iPhone 7+ and on Wednesday I noticed it was missing. Apparently her new husband had been arrested for 'fighting' but it was mistaken identity. Her husband has been a bit of a bad boy and she forgets a similar thing happened about 3 months ago.
Anyway, the Police have kept her iPhone because they need all the data off it, they have her password but they want to download everything.
On Wednesday they sent her an email which she let me read "We apologise that we can't return your phone yet because being so new we haven't got the software and it could take a few weeks" or similar.
They also removed £400 from her home but she proved it was hers and they let her have it back.

This is all the story I have, I've left nothing out but obviously she might have done.
So OCUK Legal Eagles, what has happened that they would keep her phone?

Diddums · 22 Oct 2016 at 22:29

Suspected incriminating evidence.

SexyGreyFox · 22 Oct 2016 at 22:31

but for what?
Like I said, they have her password.

Malevolence · 22 Oct 2016 at 22:33

Do you happen to know why the hell they would take her phone if he is the one whose been arrested and what's up with them trying steal £400 from her house?

fatiain · 22 Oct 2016 at 22:34

SexyGreyFox said:
but for what?
Like I said, they have her password.

They use some forensic interrogation software to get the data off in a legally correct way. Our force uses something called ACESO, if there's a ACESO trained officer working, this can get done quite quickly. If not they might have to send the phone off to high tech crime to get it read.

itchy · 22 Oct 2016 at 22:35

I am from Liverpool as you might have guessed, if they keeping her phone she is or her boyfriend is roasting am afraid.

Pigs don't keep a phone for a silly fight.

Boycey0211 · 22 Oct 2016 at 22:38

SexyGreyFox said:
but for what?
Like I said, they have her password.

itchy said:
I am from Liverpool as you might have guessed, if they keeping her phone she is or her boyfriend is roasting am afraid.

Pigs don't keep a phone for a silly fight.

This, they must believe there's some sort of evidence to be gained.

Could be anything like a text saying 'if anyone asks I was at home all night last night' when he realises hes getting in trouble to something saying 'just seen that xxxx out, im gonna bash him good'

Theres loads of stuff you can use these days to hide messages etc, simply having the password might not glean enough information.

Soundood · 22 Oct 2016 at 22:45

if they wanted to confiscate £400 that would indicate drugs or fraud, I suspect drugs, this would also explain the phone, as there will be could be valuable info on there about suppliers/dealers/customers.

SexyGreyFox · 22 Oct 2016 at 22:48

itchy said:
Pigs don't keep a phone for a silly fight.

Exactly what we were thinking

Soundood said:
if they wanted to confiscate £400 that would indicate drugs or fraud, I suspect drugs, this would also explain the phone, as there will be could be valuable info on there about suppliers/dealers/customers.

And once again we think this BUT and I must stress, she is such a delicate flower she wouldn't know.

itchy · 22 Oct 2016 at 22:50

Soundood said:
if they wanted to confiscate £400 that would indicate drugs or fraud, I suspect drugs, this would also explain the phone, as there will be could be valuable info on there about suppliers/dealers/customers.

You can carry £999 pound around and the police cannot do anything about it, if you have £1001 you getting pinched unless you verify its origin.

fatiain · 22 Oct 2016 at 22:59

itchy said:
You can carry £999 pound around and the police cannot do anything about it, if you have £1001 you getting pinched unless you verify its origin.

No, they need to *think* it's over £1000 to seize it under the Proceeds of Crime Act...

And they don't count it, until they present it to the Magistrates Court for the POCA application.

SexyGreyFox · 22 Oct 2016 at 23:04

Malevolence said:
Do you happen to know why the hell they would take her phone if he is the one whose been arrested and what's up with them trying steal £400 from her house?

She doesn't know why but she is away the fairies most of the time.
They did give her the money back.

thenewoc · 22 Oct 2016 at 23:52

I would think it to be an infringement of her civil liberties and best consult a solicitor. Surely her phone bill is all she should need to prove the phone is hers.

Dup · 22 Oct 2016 at 23:59

Someone I know was arrested at work after sending one slightly innocent text message to someone who he thought was over 16.

They took his computers and phones etc and he didn't get them back for a good few months apparently.

The fact they want all data could be related to indecent child related things.

mark66 · 23 Oct 2016 at 00:01

How have the police got her phone when it is her husband that I presume has been arrested? Surely they can't just take anyone else's phone just to glean intelligence from it if they are not a suspect? Wouldn't this require a warrant?

Dis86 · 23 Oct 2016 at 00:30

I'm gonna go with drugs.

andi · 23 Oct 2016 at 03:34

No chance they've seized her phone for a fight.

mark66 said:
How have the police got her phone when it is her husband that I presume has been arrested? Surely they can't just take anyone else's phone just to glean intelligence from it if they are not a suspect? Wouldn't this require a warrant?

Nope. S19 PACE.

fatiain · 23 Oct 2016 at 04:11

andi said:
No chance they've seized her phone for a fight.

I've known phones to be seized after a fight, but only from offenders, not their families!

SexyGreyFox · 23 Oct 2016 at 21:25

Well I'm not in work now for a week so I won't have an answer but I probably wouldn't get one anyway.

G-MAN2004 · 23 Oct 2016 at 21:28

I'd never hand over my phone PIN, ever. What are they going to do once you claim you've forgot it? They can do one.